CONTRACT AGREEMENT AND CONTRACT DATA - … · 2017-11-14 · CONTRACT AGREEMENT AND CONTRACT DATA. ... liabilities of the Contractor under the Contract including compliance with all

CITY OF MBOMBELA CONSTRUCTION OF NKOMENI ROAD BID NUMBER: 95/2017 AGREEMENT AND CONTRACT DATA

Contract

C.1

.

CONTRACT

AGREEMENT AND CONTRACT DATA


Form of Acceptance

C.2

C1.1 FORM OF OFFER AND ACCEPTANCE (Agreement)

OFFER

The TENDERER is to complete and sign the Form of Offer

The Employer, Identified in the Acceptance signature block, has solicited offers to enter into a contract in respect of the following works;

The Tenderer, identified in the Offer signature block below, has examined the documents listed in the Tender Data and addenda thereto as listed in the Tender Schedules, and by submitting this Offer has accepted the Conditions of Tender.

By the representative of the Tenderer, deemed to be duly authorised, signing this part of this Form of Offer and Acceptance, the Tenderer offers to perform all of the obligations and liabilities of the Contractor under the Contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the Conditions of Contract identified in the Contract Data.

THE OFFERED TOTAL OF THE PRICES INCLUSIVE OF VALUE ADDED TAX IS

Rand (in words); R (in figures),

(firm)* (adjustable)* *(delete which does not apply) This offer may be accepted by the Employer by signing the Acceptance part of this Form of Offer and Acceptance and returning one copy of this document to the Tenderer before the end of the period of validity stated in the Tender Data, whereupon the Tenderer becomes the party named as the Contractor in the Conditions of Contract identified in the Contract Data. Signature(s)

Name(s)

Capacity

For the Tenderer

(Name and address of organisation)

Name and signature of witness

Date

Acceptance

The EMPLOYER will complete and sign the form of Acceptance


Form of Acceptance

C.3

By signing this part of the Form of Offer and Acceptance, the Employer identified below

accepts the Tenderer’s Offer. In consideration thereof, the Employer shall pay the Contractor

the amount due in accordance with the Conditions of Contract identified in the Contract

Data. Acceptance of the Tenderer’s Offer shall form an agreement between the Employer

and the Tenderer upon the terms and conditions contained in this Agreement and in the

Contract that is the subject of this Agreement.

The terms of the contract are contained in

Part 1 Agreement and Contract Data, (which includes this Agreement)

Part 2 Pricing Data

Part 3 Scope of Work

Part 4 Site Information

and drawings and documents or parts thereof, which may be incorporated by reference into

Parts 1 to 4 above.

Deviations from and amendments to the documents listed in the Tender Data and any

addenda thereto listed in the Tender Schedules as well as any changes to the terms of the

Offer agreed by the Tenderer and the Employer during this process of offer and acceptance,

are contained in the Schedule of Deviations attached to and forming part of this Agreement.

No amendments to or deviations from said documents are valid unless contained in this

Schedule, which must be duly signed by the authorised representative(s) of both parties.

The Tenderer shall within two weeks after receiving a completed copy of this Agreement,

including the Schedule of Deviations (if any), contact the employer’s agent (whose details

are given in the Contact Data) to arrange the delivery of any bonds, guarantees, proof of

insurance and any other documentation to be provided in terms of the Conditions of Contract

identified in the Contract Data at, or just after, the date of this Agreement comes into effect.

Failure to fulfill any of these obligations in accordance with those terms shall constitute a

repudiation of this Agreement.

Notwithstanding anything contained herein, this Agreement comes into effect on the date

when the Tenderer receives one fully completed original copy of this document, including the

Schedule of Deviations (if any). Unless the Tenderer (now the Contractor) within five days

after the date of such receipt notifies the Employer in writing of any reason why he cannot

accept the contents of this Agreement, this Agreement shall constitute binding contract

between the parties,

Signature(s)


Form of Acceptance

C.4

Name(s)

Capacity

For the Employer



Date


Schedule of Deviations

C.5

SCHEDULE OF DEVIATIONS

Notes:

1. The extent of deviations from the tender documents issued by the employer prior to the tender closing date is limited to those permitted in terms of the Conditions of Tender,

2. A Tenderer’s covering letter shall not be included in the final contract document. Should any matter in such letter, which constitutes a deviation as aforesaid become the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here,

3. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents and which it is agreed by the Parties becomes an obligation of the contract shall also be recorded here,

4. Any change or addition to the tender documents arising from the above arrangements and recorded here shall also be incorporated into the final draft of the Contract,

1 Subject

Details

2 Subject

Details

3 Subject

Details

4 Subject

Details

5 Subject

Details

6 Subject

Details

7 Subject

Details

8 Subject

Details


Schedule of Deviations

C.6

By the duly authorised representatives signing this Schedule of Deviations, the Employer

and the Tenderer agree to and accept the foregoing Schedule of deviations as the only

deviations from and amendments to the documents listed in the Tender Data and addenda

thereto as listed in the Tender Schedules, as well as any confirmation, clarification or change

to the terms of the offer agreed by the Tenderer and the Employer during the process of

offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied

during the period between the issue of the tender documents and the receipt by the

Tenderer of a completed and signed copy of this Agreement shall have any meaning or

effect in the contract between the parties arising from this Agreement.

For the Tenderer: Signature(s)

Name(s)

Capacity



Date

For the Employer: Signature(s)

Name(s)

Capacity



Date


Contract Data

C. 7

C1.2 CONTRACT DATA

PART 1: DATA PROVIDED BY THE EMPLOYER

CONDITIONS OF CONTRACT

The General Conditions of Contract for Construction Works, second edition, 2010 published

by the South African Institution of Civil Engineering, Private Bag X200, Halfway House,

1685, is applicable to this contract and is obtainable from www.saice.org.za.

This Contract will be based on the “General Conditions of Contract for Construction Works –

2nd Edition 2010", issued by the South African Institution of Civil Engineering. (Short title:

“General Conditions of Contract”) and can be obtained from:

SAICE

Waterfall Park

Howick Gardens

Vorna Valley Half way House

Becker Street

MIDRAND

1685

Gauteng Province

Tel: (011) 805-5947/8

Fax: (011) 805-5971.

It is agreed that the only variations from the General Conditions of Contract 2010 are those

set out hereafter under “Special Conditions of Contract”.

SPECIAL CONDITIONS OF CONTRACT

1. GENERAL

These Special Conditions of Contract (SCC) form an integral part of the Contract. The

Special Conditions shall amplify, modify or supersede, as the case may be, the General

Conditions of Contract 2010 to the extent specified below, and shall take precedence and

shall govern.

The clauses of the Special Conditions hereafter are numbered “SCC” followed in each case

by the number of the applicable clause or sub clause in the General Conditions of Contract

2010, and the applicable heading, or (where a new special condition that has no relation to

the existing clauses is introduced) by a number that follows after the last clause number in

the General Conditions, and an appropriate heading.


Contract Data

C. 8

2. AMENDMENTS TO THE GENERAL CONDITIONS OF CONTRACT

SCC 4.4.3

The variations to the General Conditions of Contract are:

For conditions regarding selection of LOCAL EMERGING SUB-CONTRACTORS (LES Work),

see additional clauses below.

The additional clauses to the General Conditions of Contract are:

Local Emerging Sub-Contractors

The Contractor shall promptly, and in any event within a reasonable time after the Commencement

Date, sub-contract a portion of the Works to the value of thirty (30) percent of the work specified in

the Schedule of Works (excluding preliminary and general costs) (“the LES Work”) to one or more of

the local emerging sub-contractors notified by the Employer to the Contract (“the Local Emerging Sub-

Contractors”), in strict accordance with, and subject to, the requirements set out in Paragraphs (i) to

(x) of this Clause, as follows:

(i) The Contractor shall select the Local Emerging Sub-Contractor(s) to whom he is to

sub-contract the LES Work by means of a competitive bidding process conducted

strictly in accordance with the CIDB Standard for Uniformity in Construction

Procurement and Best Practice Guidelines January 2009, and in doing so shall

exercise all reasonable endeavours to ensure as inclusive and equal a distribution of

the LES Work as shall be practicable amongst all the Local Emerging Sub-Contractors,

taking into account price, competency and capacity only.

(ii) The Contractor shall, without reference to the Employer, taking into account only the

competencies and capacity of each Local Emerging Sub-Contractor, be free to identify

those components of the LES Work that he shall allocate to each Local Emerging Sub-

Contractor.

(iii) Subject to paragraphs (iv) and (vii) of this clause, in the event that the Contractor fails

to sub-contract and/or allocate the required quantum of LES Work or any portion

thereof in accordance with this clause, the Engineer may either a) apply a penalty

equal to 10% of the value of the shortfall, or b) make a determination regarding the

setting aside of the LES Work so as to prevent the shortfall.

(iv) Subject to paragraph (vii) of this clause, and notwithstanding paragraph (iii) of this

clause, in the event that the Contractor fails to sub-contract and/or allocate the required

quantum of LES Work or any portion thereof in accordance with this clause by reason

of his inability to reach agreement on price with one or more of the Local Emerging

Sub-Contractor(s), the Engineer may, in his absolute discretion, advise the Employer to

allow an increase in the Contractor’s rates to so as to facilitate successful price

negotiation. In the event that the Employer refuses to authorise an increase to the

Contractor’s rates or, in the event that the authorised increase in rates fails to facilitate

successful negotiation between the Contractor and the relevant Local Emerging Sub-

Contractor(s), the Contractor shall be relieved of his obligation to sub-contract the

relevant portion of LES Work, always subject to paragraph (vii) of this clause.

(v) The rates to be applied by the Contractor in the sub-contracts with the Local Emerging

Sub-Contractors for the LES Work shall at all times be based strictly on the rates

applicable to the Contractor under the Contract, save for any adjustments allowed in

terms of paragraph (iv) above.


Contract Data

C. 9

(vi) The Contractor shall apply the same rates to each Local Emerging Sub-Contractor in

respect of each component of the LES Work, such that, in the event that more than one

Local Emerging Sub-Contractor is successfully selected for a single component of the

LES Work, the same rates shall apply to each of the selected Local Emerging Sub-

Contractors in respect of the said single component.

(vii) The Contractor shall not be under any obligation to employ a Local Emerging Sub-

Contractor against whom the Contractor raises reasonable objection by written notice

to the Engineer as soon as practicable, with supporting particulars in writing. In the

event of failure on the part of the Contractor to prove reasonable objection to the

satisfaction of the Engineer, the Engineer’s determination shall be final and binding.

(viii) The Contractor shall be entitled to include within the Contract Price a maximum

management fee of 10% in excess of the rates paid to the Local Emerging Sub-

Contractors.

(ix) When tendering the Contractor shall have exercised all reasonable care not to distort

any rates in such a way as to hinder or preclude his obligations under this clause, and,

in the event that the Engineer determines the setting aside of the LES Work in terms of

paragraph (iii) above, the Contractor shall be prevented from arguing that such LES

Work is reserved not to be subcontracted.

(x) The Contractor shall submit a priced copy of the final agreed version of each proposed

sub-contract with a Local Emerging Sub-Contractor (“the Final Draft LES Sub-

Contract”) to the Employer prior to the execution of such sub-contract. In the event that

the Employer, in consultation with the Engineer, deems the price or any other term of

any Final Draft LES Sub-Contract to be unduly onerous or unfair to the Local Emerging

Sub-Contractor concerned, the Contractor shall modify the price and/or terms in

accordance with the Engineer’s reasonable instructions.

In sub-contracting the LES Work, the Contractor shall be responsible for performing the LES

Work as if he had not sub-contracted. The Contractor shall be liable for the acts and omissions of

the employees, sub-contractors and agents of the Local Emerging Sub-Contractors as if they

were his own employees, sub-contractors and agents.

CONDITIONS OF CONTRACT FOR LABOUR-INTENSIVE CONSTRUCTION

Payment for the labor-intensive component of the works

Payment for works identified in the Scope of Work as being labor-intensive shall only be made in

accordance with the provisions of the Contract if the works are constructed strictly in accordance with

the provisions of the scope of work.

Any non-payment for such works shall not relieve the Contractor in any way from his obligations either

in contract or in delict.

Applicable labour laws

The Ministerial Determination, Special Public Works Programmes, issued in terms of the Basic

Conditions of Employment Act of 1997 by the Minister of Labour in Government Notice N° R63 of 25

January 2002 shall apply to works described in the scope of work as being labour intensive and which

are undertaken by unskilled or semi-skilled workers, as reproduced below.


Contract Data

C. 10

1 Introduction

1.1 This document contains the standard terms and conditions for workers employed in elementary

occupations on a Special Public Works Programme (SPWP). These terms and conditions do NOT

apply to persons employed in the supervision and management of a SPWP.

In this document –

“department” means any department of the State, implementing agent or contractor;

“employer” means any department, implementing agency or contractor that hires workers to work in

elementary occupations on a SPWP;

“worker” means any person working in an elementary occupation on a SPWP;

“elementary occupation” means any occupation involving unskilled or semi-skilled work;

“management” means any person employed by a department or implementing agency to administer

or execute an SPWP;

“task” means a fixed quantity of work;

“task-based work” means work in which a worker is paid a fixed rate for performing a task;

“task-rated worker” means a worker paid on the basis of the number of tasks completed;

“time -rated worker” means a worker paid on the basis of the length of time worked.

2 Terms of Work

2.1 Workers on a SPWP are employed on a temporary basis.

2.2 A worker may NOT be employed for longer than 24 months in any five-year cycle on a SPWP.

2.3 Employment on a SPWP does not qualify as employment as a contributor for the purposes of the

Unemployment Insurance Act 30 of 1966.

3 Normal Hours of Work

3.1 An employer may not set tasks or hours of work that require a worker to work–

(a) more than forty hours in any week

(b) on more than five days in any week; and

(c) for more than eight hours on any day.

3.2 An employer and worker may agree that a worker will work four days per week.

The worker may then work up to ten hours per day.

3.3 A task-rated worker may not work more than a total of 55 hours in any week to complete the tasks

allocated (based on a 40-hour week) to that worker.

4 Meal Breaks

4.1 A worker may not work for more than five hours without taking a meal break of at least thirty

minutes duration.

4.2 An employer and worker may agree on longer meal breaks.

4.3 A worker may not work during a meal break. However, an employer may require a worker to

perform duties during a meal break if those duties cannot be left unattended and cannot be performed


Contract Data

C. 11

by another worker. An employer must take reasonable steps to ensure that a worker is relieved of his

or her duties during the meal break.

4.4 A worker is not entitled to payment for the period of a meal break. However, a worker who is paid

on the basis of time worked must be paid if the worker is required to work or to be available for work

during the meal break.

5 Special Conditions for Security Guards

5.1 A security guard may work up to 55 hours per week and up to eleven hours per day.

5.2 A security guard who works more than ten hours per day must have a meal break of at least one

hour or two breaks of at least 30 minutes each.

6 Daily Rest Period

Every worker is entitled to a daily rest period of at least eight consecutive hours. The daily rest period

is measured from the time the worker ends work on one day until the time the worker starts work on

the next day.

7 Weekly Rest Period

Every worker must have two days off every week. A worker may only work on their day off to perform

work which must be done without delay and cannot be performed by workers during their ordinary

hours of work (“emergency work”).

8 Work on Sundays and Public Holidays

8.1 A worker may only work on a Sunday or public holiday to perform emergency or security work.

8.2 Work on Sundays is paid at the ordinary rate of pay.

8.3 A task-rated worker who works on a public holiday must be paid –

(a) the worker’s daily task rate, if the worker works for less than four hours;

(b) double the worker’s daily task rate, if the worker works for more than four hours.

8.4 A time-rated worker who works on a public holiday must be paid –

(a) the worker’s daily rate of pay, if the worker works for less than four hours on the public holiday;

(b) double the worker’s daily rate of pay, if the worker works for more than four hours on the public

holiday.

9 Sick Leave

9.1 Only workers who work four or more days per week have the right to claim sickpay in terms of this

clause.

9.2 A worker who is unable to work on account of illness or injury is entitled to claim one day’s paid

sick leave for every full month that the worker has worked in terms of a contract.

9.3 A worker may accumulate a maximum of twelve days’ sick leave in a year.

9.4 Accumulated sick-leave may not be transferred from one contract to another contract.


Contract Data

C. 12

9.5 An employer must pay a task-rated worker the worker’s daily task rate for a day’s sick leave.

9.6 An employer must pay a time-rated worker the worker’s daily rate of pay for a day’s sick leave.

9.7 An employer must pay a worker sick pay on the worker’s usual payday.

9.8 Before paying sick-pay, an employer may require a worker to produce a certificate stating that the

worker was unable to work on account of sickness or injury if the worker is –

· absent from work for more than two consecutive days; or

· absent from work on more than two occasions in any eight-week period.

9.9 A medical certificate must be issued and signed by a medical practitioner, a qualified nurse or a

clinic staff member authorised to issue medical certificates indicating the duration and reason for

incapacity.

9.10 A worker is not entitled to paid sick-leave for a work-related injury or occupational disease for

which the worker can claim compensation under the Compensation for Occupational Injuries and

Diseases Act.

10 Maternity Leave

10.1 A worker may take up to four consecutive months’ unpaid maternity leave.

10.2 A worker is not entitled to any payment or employment-related benefits during maternity leave.

10.3 A worker must give her employer reasonable notice of when she will start maternity leave and

when she will return to work.

10.4 A worker is not required to take the full period of maternity leave. However, a worker may not

work for four weeks before the expected date of birth of her child or for six weeks after the birth of her

child, unless a medical practitioner, midwife or qualified nurse certifies that she is fit to do so.

10.5 A worker may begin maternity leave –

(a) four weeks before the expected date of birth; or

(b) on an earlier date –

(i) if a medical practitioner, midwife or certified nurse certifies that it is necessary for the health of the

worker or that of her unborn child; or

(ii) if agreed to between employer and worker; or

(c) on a later date, if a medical practitioner, midwife or certified nurse has certified that the worker is

able to continue to work without endangering her health.

10.6 A worker who has a miscarriage during the third trimester of pregnancy or bears a stillborn child

may take maternity leave for up to six weeks after the miscarriage or stillbirth.

10.7 A worker who returns to work after maternity leave, has the right to start a new cycle of twenty-

four months employment, unless the SPWP on which she was employed has ended.

11 Family responsibility leave


Contract Data

C. 13

11.1 Workers, who work for at least four days per week, are entitled to three days paid family

responsibility leave each year in the following circumstances -

(a) when the employee’s child is born;

(b) when the employee’s child is sick;

(c) in the event of a death of –

the employee’s spouse or life partner;

the employee’s parent, adoptive parent, grandparent, child, adopted

child, grandchild or sibling.

12 Statement of Conditions

12.1 An employer must give a worker a statement containing the following details at the start of

employment –

(a) the employer’s name and address and the name of the SPWP;

(b) the tasks or job that the worker is to perform; and

the period for which the worker is hired or, if this is not certain, the expected duration of the contract;

the worker’s rate of pay and how this is to be calculated;

the training that the worker will receive during the SPWP.

12.2 An employer must ensure that these terms are explained in a suitable language to any employee

who is unable to read the statement.

12.3 An employer must supply each worker with a copy of these conditions of employment.

13 Keeping Records

13.1 Every employer must keep a written record of at least the following –

(a) the worker’s name and position;

(b) in the case of a task-rated worker, the number of tasks completed by the worker;

(c) in the case of a time-rated worker, the time worked by the worker;

(d) payments made to each worker.

13.2 The employer must keep this record for a period of at least three years after the completion of

the SPWP.

14 Payment

14.1 An employer must pay all wages at least monthly in cash or by cheque or into a bank account.

14.2 A task-rated worker will only be paid for tasks that have been completed.

14.3 An employer must pay a task-rated worker within five weeks of the work being completed and

the work having been approved by the manager or the contractor having submitted an invoice to the

employer.

14.4 A time-rated worker will be paid at the end of each month.


Contract Data

C. 14

14,5 Payment must be made in cash, by cheque or by direct deposit into a bank account designated

by the worker.

14.6 Payment in cash or by cheque must take place –

(a) at the workplace or at a place agreed to by the worker;

(b) during the worker’s working hours or within fifteen minutes of the start

or finish of work;

(c) in a sealed envelope which becomes the property of the worker.

14.7 An employer must give a worker the following information in writing –

(a) the period for which payment is made;

(b) the numbers of tasks completed or hours worked;

(c) the worker’s earnings;

(d) any money deducted from the payment;

(e) the actual amount paid to the worker.

14.8 If the worker is paid in cash or by cheque, this information must be recorded on the envelope

and the worker must acknowledge receipt of payment by signing for it.

14.9 If a worker’s employment is terminated, the employer must pay all monies owing to that worker

within one month of the termination of employment.

15 Deductions

15.1 An employer may not deduct money from a worker’s payment unless the deduction is required in

terms of a law.

15.2 An employer must deduct and pay to the SA Revenue Services any income tax that the worker is

required to pay.

15.3 An employer who deducts money from a worker’s pay for payment to another person must pay

the money to that person within the time period and other requirements specified in the agreement

law, court order or arbitration award concerned.

15.4 An employer may not require or allow a worker to –

(a) repay any payment except an overpayment previously made by the employer by mistake;

(b) state that the worker received a greater amount of money than the employer actually paid to the

worker; or pay the employer or any other person for having been employed.

16 Health and Safety

16.1 Employers must take all reasonable steps to ensure that the working environment is healthy and

safe.

16.2 A worker must –

(a) work in a way that does not endanger his/her health and safety or that of any other person;

(b) obey any health and safety instruction;

(c) obey all health and safety rules of the SPWP;


Contract Data

C. 15

(d) use any personal protective equipment or clothing issued by the employer;

(e) report any accident, near-miss incident or dangerous behaviour by another person to their

employer or manager.

17 Compensation for Injuries and Diseases

17.1 It is the responsibility of the employers (other than a contractor) to arrange for all persons

employed on a SPWP to be covered in terms of the Compensation for Occupational Injuries and

Diseases Act, 130 of 1993.

17.2 A worker must report any work-related injury or occupational disease to their employer or

manager.

17.3 The employer must report the accident or disease to the Compensation Commissioner.

17.4 An employer must pay a worker who is unable to work because of an injury caused by an

accident at work 75% of their earnings for up to three months.

The employer will be refunded this amount by the Compensation Commissioner. This does NOT

apply to injuries caused by accidents outside the workplace such as road accidents or accidents at

home.

18 Termination

18.1 The employer may terminate the employment of a worker for good cause after following a fair

procedure.

18.2 A worker will not receive severance pay on termination.

18.3 A worker is not required to give notice to terminate employment. However, a worker who wishes

to resign should advise the employer in advance to allow the employer to find a replacement.

18.4 A worker who is absent for more than three consecutive days without informing the employer of

an intention to return to work will have terminated the contract. However, the worker may be re-

engaged if a position becomes available for the balance of the 24-month period.

18.5 A worker who does not attend required training events, without good reason, will have

terminated the contract. However, the worker may be re-engaged if a position becomes available for

the balance of the 24-month period.

19 Certificate of Service

19.1 On termination of employment, a worker is entitled to a certificate stating –

(a) the worker’s full name;

(b) the name and address of the employer;

(c) the SPWP on which the worker worked;

(d) the work performed by the worker;

(e) any training received by the worker as part of the SPWP;

(f) the period for which the worker worked on the SPWP;

any other information agreed on by the employer and worker.


Contract Data

C. 16

The additional clauses to the General Conditions of Contract are:

Clause Data

SCC5.12.2.2.1 A delay caused by inclement weather conditions will be regarded as a delay only if, in the opinion of the Engineer, all progress on an item or items of work on the critical path of the working programme of the contractor has been brought to a halt. Delays on working days only (based on a five-day working week) will be taken into account for the extension of time, but the Contractor shall make provision in his programme of work for an expected delay of "n” working days caused by normal rainy weather, for which he will not receive any extension of time. Extension of time during working days will be granted to the degree to which actual delays, as defined above, exceed the number of "n" workings days. The number of “n” working days will be calculated based on the Contract period and the expected number of working days lost as a result of normal rainfall between the contractual commencement and completion dates.

CONTRACT SPECIFIC DATA

The following contract specific data are applicable to this Contract:

C1.2.2: PART 1: DATA PROVIDED BY THE EMPLOYER

The following contract specific data are applicable to this contract.

REFERENCE CONTRACT SPECIFIC DATA BY THE EMPLOYER

Clause 1.1.1.15: The name of the Employer is City of Mbombela

Clause 1.2.1.2: Address of Employer:

The address of the Employer is:

Physical: Postal: Nelspruit Civic Centre 1 Nel Street Nelspruit 1200

P.O.Box 45 Nelspruit 1200

Tel: 013 759 9111 Fax: 013 759 2070

Clause 1.1.1.16: The name of the Engineer is Shuma Africa Projects (Pty) Ltd.

Clause 1.2.1.2: Address of Engineer:

Physical: Postal:

105 The Village 46 Marloth Street Nelspruit 1200

P.O.Box 1644 Nelspruit 1200

Tel: 013 752 7340 Fax: 086 545 7391 Email: [email protected]

Clause 5.3.1: The documentation required before commencement with Works execution are:


Contract Data

C. 17

Health and Safety Plan (Refer to Clause 4.3) Initial programme (Refer to Clause 5.6) Security (Refer to Clause 6.2)

Insurance (Refer to Clause 8.6)

Clause 5.3.1: The contractor shall commence executing the work within 28 days of the Commencement date.

Clause 5.3.2: The time to submit the documentation required before commencement with Works execution is 14 days

Clause 5.5.1: The Works shall be completed within 6 months including special non-working days and the year end break.

Clause 5.8.1: Special non-working days are Sundays and the following statutory public holidays as declared by National or Regional Government:

New Year’s Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers day, Youth Day, National Women’s Day, Heritage Day, Day of Reconciliation, Christmas Day and the Day of Goodwill including the All annual year-end shutdown periods as recommended by the South African Federation of Civil Engineering Contractors, and which commence before the Completion Date.

Clause 5.13.1: The penalty for failing to complete the works is 0.05 % of the Total Tender Sum per Calendar Day

Clause 5.16.3: The latent defect period is 10 years, commencing on the day after the date of certification of Practical Completion.

Clause 6.2.1: The Liability of the Guarantee shall be 10% of the Accepted Tender Sum.

Clause 6.5.1.2.3: The percentage allowance to cover overhead charges is 15%

Clause 6.8.2: The value of the certificates issued shall be adjusted in accordance with the Contract Price Adjustment Schedule with the following values:

Contract Price Adjustment Factor = (1 – x)

1

Fo

dFt

Mo

cMt

Po

bPt

Lo

aLt

rounded off to the fourth decimal place.

Coefficients for calculating Contract price Adjustment Factor shall be: Value of x is 0.10

a = 0.20 b = 0.35 c = 0.35 d = 0.10

“L” is the “Labour Index” and shall be the “Consumer Price Index – for Nelspruit Area” In Release P 0141 Table 21.

“P” is the “Plant Index” and shall be the “Civil Engineering Plant” index as published in the Statistical Release P0141 in table A of Statistics South Africa.


Contract Data

C. 18

“M” is the “Materials Index” and shall be the price index for “Civil Engineering (Materials)” as published in the Statistical Release P0142.1 in table 11 of Statistics South Africa.

“F” is the “Fuel Index” and shall be the index for “Diesel oil” (Coast or Witwaters-rand) as published in Statistical Release P0142.1 Table 12 of Statistics South Africa.

The suffix “o” denotes the basic indices applicable to the base month. The suffix “t” denotes the current indices applicable to the month in which the last day of the period falls to which the relevant payment certificate relates.

If any index relevant to any particular certificate is not known at the time when the certificate is prepared, the Engineer shall estimate the value of such index. Any correction, which may be necessary when the correct indices become known, shall be made by the Engineer in subsequent payment certificates.

The base month is: “the month the prior to the closing of the Tender”.

Clause 7.8.1: The Defects Liability Period is applicable to this contract for the duration of 12 months measured from the date of the Certificate of Completion.

Clause 6.10.1.5: The percentage advance on materials not yet built into the Permanent Works is 80 %.

Clause 6.10.3: The limit of the retention money is 10%.

Clause 8.6.1.1.3: The amount to cover professional fees for repairing damage and loss to be included in the insurance sum is R 500 000.00

Clause 8.6.1.2: Special risk insurance issued by SASRIA is required

Clause 8.6.1.3: The limit of indemnity for liability insurance is R 5 000 000.00 for any single liability claim.

Clause 10.3.2: Dispute Resolution shall be by amicable settlement.

Clause 10.5.3: The number of adjudication board members to be appointed is one (1).


Contract Data

C. 19

Optional Data

Clause Data

3.1.3 The Engineer shall obtain the specific approval of the Employer before executing any of his functions or duties according to the following table:

Delegated to ER*

Requires EWA*

GCC Clause

No Description

Financial limit per

occurrence

Total financial limit for contract

Y 1.2.1.2 Change of address NA NA

N 2.2.3 Adverse physical conditions NA NA

2.4.1 Ambiguity in or discrepancy between documents

NA NA

Y 3.2.1 Engineer's Representative's appointment and termination

NA NA

Y 3.2.4 Engineer's Representative acting on Engineer's behalf

NA NA

3.2.6 Engineer's Representative's orders or instructions causing dissatisfaction

NA NA

4.3.1 Proof of compliance with applicable laws

NA NA

4.3.2 Proof of good standing with payments in terms of legislation

NA NA

4.5.4 Payment for notices and fees R________ R________

4.7.1 Fossils, etc. on Site NA NA

Y 4.8.2 Facilities for others NA NA

Y 4.9.1 Removal of Construction Equipment from Site

NA NA

4.10.1 Use of Site for Contractor's employees

NA NA

4.10.2 Contractor's employee information NA NA

4.11.2 Removal of Contractor's employee from Works

NA NA

4.11.2 Re-employment of Contractor's employee

NA NA

Y 4.12.2 Approval of Site Agent NA NA

5.3.1 Commencement with executing the Works

NA NA

5.6.3 Approval of programme NA NA

5.6.4 Adjustment of programme NA NA

Y 5.7.1 Rate of progress falling behind programme

NA NA

Y 5.7.1 Steps taken to expedite progress NA NA

5.7.2 Work at night R________ R________

Y 5.7.3 Acceleration of rate of progress NA NA

5.7.3 Payment for acceleration R________ R________

Y 5.8.1.1 Work during non-working times R________ R________

5.9.1 Instructions and drawings on Commencement Date

NA NA

5.9.2 Further instructions and drawings NA NA


Contract Data

C. 20

Clause Data

5.9.3 Requested instructions and drawings

NA NA

Y 5.9.7 Contractor's designs NA NA

Y 5.9.7 Departing from Contractor's designs NA NA

Y 5.11.1 Suspension of the Works NA NA

5.11.3 Proceeding with Works after suspension

NA NA

N 5.12.4 Acceleration instead of extension of time

R________ R________

5.13.2 Reduction in penalty R________ R________

N Y 5.14.1 Work to be completed for Practical Completion

NA NA

N Y 5.14.2 Certificate of Practical Completion NA NA

N 5.14.4 Certificate of Completion NA NA

N 5.16.1 Final Approval Certificate NA NA

Y 6.3.1 Variation orders R________ R________

Y 6.3.2.1 Confirmation of a Variation Order NA NA

6.4.1 Valuation of a Variation Order NA NA

6.4.1.3 Consultation on valuation of a Variation Order

NA NA

6.4.1.4 Dayworks as a Variation Order R________ R________

Y 6.4.2 Delivering the valuation of a Variation Order

NA NA

6.5.1.3 Construction Equipment rates for dayworks

NA NA

6.5.2 Materials for dayworks R________ R________

6.5.3 Workmen, materials and Construction Equipment used for dayworks

NA NA

6.6.1 Provisional sum work

6.6.3 Prime cost work

6.7.2 Valuation of the Works NA NA

6.7.3 Measurement of work NA NA

6.8.4 Costs due to changes in legislation NA NA

6.9.3 Plant and materials becoming property of Employer

NA NA

6.10.1 Monthly payment certificate NA NA

6.10.4 Delivery of payment certificate NA NA

6.10.7 Correction of previous payment certificate

NA NA

6.10.8 Completion payment certificate NA NA

6.10.9 Final payment certificate NA NA

6.11.1 Variations exceeding 10%

7.1.1 Unsuitable Construction Equipment NA NA

7.4.1 Samples of materials NA NA

7.4.2 Test specimens NA NA

7.4.3 Tests NA NA

7.4.5 Reports on tests NA NA

7.5.1 Covering up work NA NA

Y 7.5.2 Delivery of Plant to Site NA NA


Contract Data

C. 21

Clause Data

Y 7.5.3 Testing and examining Plant and work

NA NA

7.5.5 Uncovering work NA NA

Y 7.6.1 Making good and retesting of Plant NA NA

7.6.2 Plant failing testing NA NA

Y 7.6.3 Removal of improper work NA NA

Y 7.7.1 Search for defects NA NA

Y 7.8.1 Making good of defects NA NA

Y 7.9.1 Work by others during emergency NA NA

8.2.2.2 Damage due to excepted risks NA NA

8.5.1 Reporting accidents NA NA

9.1.5 Termination of Contract NA NA

N Y 9.2.1 Consultation on breach of Contract by Contractor

NA NA

N Y 9.2.1 Breach of Contract by Contractor NA NA

N Y 10.1.3 Facts to assess Contractor's claim NA NA

N Y 10.1.5 Consultation on Contractor's claim NA NA

N Y 10.1.5 Ruling on Contractor's claim R________ R________

N Y 10.2.3 Consultation on dissatisfaction claim NA NA

N Y 10.2.3 Ruling on dissatisfaction claim NA NA

TOTAL FOR CONTRACT R________

*The following abbreviations apply to the above table: ER Engineer’s Representative EWA Engineer’s Written Action N No NA Not Applicable Y Yes

5.4.2 The access and possession of Site shall not be exclusive to the Contractor but shall be as set out elsewhere in the Contract.


Contract Data

C. 22

C1.2.2: PART 2: DATA PROVIDED BY THE CONTRACTOR

The following contract specific data are applicable to this contract.

REFERENCE CONTRACT SPECIFIC DATA BY THE CONTRACTOR

Clause 1.1.1.9: Name of Contractor:………………………………………………..

Clause 1.2.1.2: Address of the Contractor:

Physical: Postal:

................................................... .............................................. ................................................... .............................................. ................................................... ..............................................

E-Mail: ......................................................................... Telephone No: ………………......... Fax No: ……………………


Contract Data

C. 23

C1.2 CONTRACT DATA

PART 2: DATA PROVIDED BY THE CONTRACTOR

Clause 6.8.3: The variation in cost of all special materials is to be provided in the table SM1 for special materials.

The rates and prices for the special materials shall be furnished by the Tenderer, which rates and prices shall not include VAT but shall include all other obligatory taxes and levies. The quoted price is the ruling price on the ________________.

TABLE: SM1

Special Materials

Unit*

Rate or Price for the base month

Aggregate

Cement

Steel

Paving blocks

…………………

………………….

………………….

………………….

m³

ton

ton

m2

……..

.…….

……..

……..

………………………………………………….

………………………………………………….

………………………………………………….

………………………………………………….

………………………………………………….

………………………………………………….

………………………………………………….

………………………………………………….

* Indicate whether the material shall be delivered in bulk or in containers. When called upon

to do so, the Contractor shall substantiate the above rates or prices with acceptable

documentary evidence.

Signed on behalf of Tenderer: …………………………………………………….


Contract Data

C. 24

Clause 4.4.3: Selection of Sub-Contractors

The Tenderer shall list in Schedule L the Subcontractors and Suppliers whom he intends to

appoint in respect of the various specialist items of work to be done or goods supplied on

this contract. Alternatives may be mentioned.

The Tenderer shall state whether he intends to carry out any specialised work or supply of

goods himself.

Acceptance of this tender shall not be construed as approval of all or any of the listed

specialist Subcontractors or Suppliers. Should any of or all of the specialist Subcontractors

or Suppliers not be approved subsequent to the acceptance of the tender, it shall in no way

invalidate this tender, and the tendered unit rates for the various items of work shall remain

final and binding, even in the event of a Subcontractor or Supplier not listed below being

approved by the Employer.

The sub-contractors listed in Schedule L exclude the identified local emerging contractors

who will be identified by the Employer.

Signed on behalf of Tenderer:

………………………………………………………

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